ILLINOIS POLLUTION CONTROL BOARD

June 30, 1983

TEXACO USA, a division of Texaco, Inc.,

Petitioner,

v.

)

PCB 83—80

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,

Respondent.

CONCURRING OPINION (by J. Anderson):

This 20 day provisional variance, adopted by the Board on

June 30, includes,without explanation, a retroactive effective

date of June 27.

While I appreciate that this may have occurred because

the Agency sought to coordinate the submittal of the provisional

variance with a regularly scheduled Board meeting, retroactive

start-up dates should be avoided in provisional variances, and

certainly where no compelling reason is given. This fait acco~li

approach demeans the provisional variance process and may

undermine the protection a Board order gives to the petitioner.

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~iJoan G. Anderson, Board Member

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I, Christan L. Moffett, Clerk of the Illinois Pollution

Control Board, hereby certify that the above Concurring Opinion

was filed on the ~

day of

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,

1983.

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Christan L. Moffett, Cl~~

Illinois Pollution Control Board

52-499